Research On The Network Of Public Opinion And Judicial Justice

With the improvement and development of network information technology, there is new development on channels for expression of public opinions, and network communication tool has become an essential part in the living of the public. At the same time, network platform has been the effective carrier for the public to make their comments and opinions on social public events, which overturns the multiple limits of traditional media on information spreading; therefore, the public are provided with a higher degree of freedom to exercise their freedom of speech and social supervision right, and the network of public opinion and network supervision generate on this basis. In some judicial affairs with significant social influence, the public opinions are collected and the network of public opinion is formed, and such powerful public opinion supervision brings huge influence on the judicial system and judicial justice in our country. As for some cases with high social attention degree, the judicial department in our country will be influenced by the network of public opinions, but not just observing the judicial enforcement force and keeping absolute emotional neutrality, which leads to the final judgment of the cases as the coordination and unity between judicial adjustment and public opinions.In fact, judicial justice and judicial adjudication cannot live independent from the support from the public, which is the resource of the judicial judgment legality as well as the basis for judicial credibility. Not only network brings the public with huge information and convenience, the network of public opinion brings the judicial hearing process with great shock. Although the network of public opinion can propel the judicial independence process, which makes it possible for the public to fully exercise their right of supervision to national affairs; it has obvious negative influence as well; the network of public opinion often leads to the judicial cases with high society attention degree being influenced during the hearing process, which results in twists and turns. Some people who have ulterior motives and fully master the characteristics and weaknesses of public opinions may utilize various means to mislead the emotion of the public, to aggravate contradictions, which even leads to network violence or public opinion morality judgment. Besides, the current network of public opinion supervision is generally in lack of legal restraint, and the one-sided public opinion with thick emotional coloring may have influence on the neutrality and justice of judicial adjudication; the legal abdication and the network of public opinions trample on judicial dignity in a heartless way.The basic legal principle between traditional public opinion and judicial procedure operation is the basis for the research on the network of public opinion and judicial justice of this article. It is the important conflict on the influence to judicial activities by the society to make clear if judicial justice must meet the requirements of the network of public opinions and if the network of public opinions can decide the judgment of judges. Therefore, it is necessary to have research on the origin and significance of the network of public opinions, and discuss on the relationship between the network of public opinions and judicial precedent, and propose the measures leading to positive interaction between the network of public opinion and justice by the analysis on the existing conflicts, to ensure the judicial justice and independence, and improve the legal accomplishment of the public, and seek for the balance point between the network of public opinions and justice, which are the key points of the research on the topic of the network of public opinions and justice.The cyber citizens can have influence on the justice of the country by the collection of the network of public opinions, and this influence has its positive and negative effects. The positive effect originates from the conscientious interaction between the network of public opinion and the justice; certain social operating mechanism shall be utilized for guiding and restraining to give full play of the positive effect of the network of public opinion.Firstly, it is important to construct rational supervision mechanism for the network of public opinion, to standardize the guiding and restraining to the network of public opinion and establish the crisis handling mechanism for the network of public opinion; when facing with significant judicial cases and that are specially noticed by the public, it is necessary for the judicial institute to ensure the smooth information communication channel, and release the latest situation to the society, to guarantee the right to know of citizens. At the same time, it is necessary to strengthen the broadcasting of professional judicial knowledge and idea, and impel the establishment of information disclosure system and perfect the adjustment to the independent system of judicial institute, to propel the construction of judicial adjudication document networking, to guide the public to supervise the judicial judgment and increase judicial credibility.On the basis of reading a large amount of literatures in jurisprudential circle, this article discusses on the innovation of the network of public opinion and judicial justice from viewpoint of jurisprudential. At the same time, a large number of practical cases have been analyzed on aspect of the conflict between the network of public opinion and judicial justice, to illustrate the reasons and harm of conflicts. It proposes the viewpoint that optimum interaction between the network of public opinion and justice, and only the coordination between public opinion and justice as well as the reasonable communication method for public opinions can ensure the credibility and the implementation of justice. In specific, it contains the following six main parts:Part One: Introduction. This part mainly conducts brief elaboration to the background and significance of the research subject, and conducts comprehensive analysis on the domestic and overseas research experience, and explains the method, content and innovation of this research, to establish the discussion outline and key of the article.Part Two: Theoretical part. This part mainly elaborates the theories related to the network of public opinions and judicial justice and analyzes the relationship between the network of public opinions and judicial justice. It analyzes the concept of the network of public opinion from three aspects: connotation, characteristics and substance, and analyzes the concept of judicial justice from four aspects: connotation, characteristics, substance and standard. At the same time, it illustrates the relationship between the network of public opinion and judicial justice from two aspects: the influence of the network of public opinion on judicial justice as well as the influence of judicial justice on the network of public opinion.Part Three: This part mainly conducts in-depth analysis on the conflict, collision and balance of relationship between the network of public opinion and judicial justice by discussion and analysis of practical cases, and illustrates the specific embodiment of the conflict and balance between the network of the public opinion and judicial justice.Part Four: This part firstly elaborates the reasons for the conflict between the public opinion and justice on two viewpoint: the network of public opinion and judicial system, and then it compares and analyzes the positive and negative influence of the network of public opinion to the judicial practice in our country.Part Five: This part conducts strategic analysis on the solution of the conflict between the network of public opinion and judicial justice on two viewpoints: the perfection construction of public opinion and the perfection of judicial justice system, and proposes feasible solutions.Part Six: This part is the conclusion, which concludes the discussion situation of the whole article, and elaborates the research result.